Commercial leases will usually have specific clauses that deal with when, and how, the landlord or tenant must send certain notices. Examples include notices toward the end of the lease to prevent tacit relocation kicking in with the effect that the lease continues in force, serving a break notice to end a commercial lease early, or clauses in the lease to the effect that if a commercial landlord does not serve a schedule of dilapidations/repairs notice within a certain time, the landlord cannot recover any costs for repairs from the commercial tenant.
On top of this, the law also serves to regulate the content of some types of notices, such as pre-irritancy notices which are mandatory in commercial evictions.
If you get the service of these types of notices wrong, it can have a catastrophic effect. You may not be able to sell your commercial property because the commercial tenant has a right to remain in occupation, or you may require to continue to occupy past a break date and pay your commercial landlord rent for a property that you no longer have a use for. Our dispute resolution solicitors keep abreast of the law in this area (for instance, Hoe International v Andersen 2017 SC 313, or Ben Cleuch Estates Limited v Scottish Enterprise 2008 SC 252), and have a detailed understanding of the problems that can occur – so we can help you to get it right first time.
If you require advice on the service of a formal notice under a commercial lease, or you have received such a notice from your landlord or tenant, contact our commercial lease dispute resolution solicitors today. Call us on 0141 221 1919, or fill in our online enquiry form.